how to get state attorney to drop charges

• You will need to appear in person at the main office of the District Attorney.
• You will need to present a state issued form of identification.
• You will need to meet with a representative of the Office of the District Attorney.
• You will need to document your request on a “Drop Charge Affidavit” explaining why you wish the Office of the District Attorney to decline prosecution.
• You will need to provide a $100 user service fee in money order form at the time of your affidavit.
• Your affidavit will then be forwarded to the prosecutor handling your case and will be filed with your case record. ...

Full Answer

How does the district attorney decide to drop charges?

The attorney in charge of reviewing the file may decide that there is not enough evidence to convict and opt not to file charges. Similarly, it is the district attorney who decides whether to drop charges that have already been filed. The victim of the crime cannot make that decision.

How do I drop charges in Texas without a lawyer?

Alternatively, you can fill out an affidavit of non-prosecution, which tells the court that you don’t think the prosecution should occur, then submit it at the district or county court house. For tips from our Legal reviewer on finding a low-cost or free lawyer to help walk you the process of dropping charges, read on.

How do I get charges dropped in a criminal case?

Tell the prosecutor you don't want to press charges. Though the prosecutor decides whether to drop charges, a victim or key witness can have a significant impact on the case. If you say you aren't interested in sending the case to trial, there's a good change the prosecutor will drop the case.

Can you drop charges against someone you don't know?

Dropping charges against someone may sound easy, but it is in fact not within the power of an individual to do. Private individuals can be victims of crimes or they can be criminals, but they have no direct say in whether the state files or drops criminal charges.

How do you write a letter to a judge to drop charges?

sample letter to judge to drop charges I'm writing this letter to drop [name of the offender], my ex-husband charges. In the above-named case before this honorable court, I was the complainant and victim, and through this letter, I would like to request that the charges against [name of the offender] be dismissed.

How do you persuade a prosecutor?

There are several ways for criminal defendants to convince a prosecutor to drop their charges. They can present exculpatory evidence, complete a pretrial diversion program, agree to testify against another defendant, take a plea deal, or show that their rights were violated by the police.

Can a prosecutor drop a case?

While it might not hurt to let the prosecutor know how you feel, the prosecutor cannot dismiss the charges without additional justification. A prosecutor can only drop charges with the approval of the judge. The judge will require more than the victim's wishes to allow the prosecutor to dismiss criminal charges.

What is exculpatory evidence?

Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.

Is the information in the reply a legal statement?

Information in the reply is provided as a public service. It is neither a comprehensive statement of the law nor legal advice, and no one should rely on it as such. If you have a legal problem or question, you should consult with an attorney, who can investigate the particular circumstances...

Do you have to be a witness to a criminal case?

The key concept you need to know is that the State (not you) control the prosecution of criminal cases. Once the police and the State's Attorney get involved, you are a witness. All that being said, there are some serious issues that need to be reviewed with an attorney.

Why should the prosecutor drop charges?

When the exculpatory evidence is especially strong, the prosecutor should drop the charges because it is clear that the defendant did not commit the crime. Some prosecutors, though, will only drop the charges if the exculpatory evidence is overwhelming.

What happens if you drop charges?

This can leave the prosecutor with insufficient evidence to secure a conviction. Dropping charges may be the only thing left for the prosecuting attorney to do.

What happens when police violate a suspect's constitutional rights?

When police violate a suspect’s constitutional rights, any evidence they find is subject to the exclusionary rule. A criminal defense lawyer can keep the evidence from being used in the defendant’s trial. This can leave the prosecutor with insufficient evidence to secure a conviction.

Can a first time offenders get diversion?

Not all defendants or criminal offenses are eligible for diversion. It is generally only an option for first- time offenders. There are also very few diversion programs for serious charges. Most programs only accept defendants without a criminal history and who have been charged with misdemeanors or low-level criminal cases like:

Is it possible to be accused of a minor offense?

This is only an option in a very limited set of circumstances. The defendant usually has to be accused of a relatively minor offense. He or she also must have access to enough evidence or information against someone else. That other case must be considerably more important than the one the defendant is facing.

Is it risky to drop charges?

Cooperating with law enforcement and “flipping” on someone else in exchange for a promise to drop charges is risky. Having the legal advice of a criminal defense attorney from a local law firm is essential.

Does lack of cooperation mean charges will be dropped?

However, the victim’s lack of cooperation does not always mean the charges will be dropped. The victim does not have the power to make law enforcement stop pursuing a criminal charge. If prosecutors have sufficient evidence to possibly secure a conviction without the victim’s cooperation, they will likely proceed in spite of the victim’s request.

Why do criminal charges get dropped?

This may happen for a number of reasons. First, there are what may be broadly characterized as practical factors that lead to a dismissal. Many prosecutors are overworked, and simply lack the resources to devote the time to every case that comes across their desk. If you have been charged with a relatively minor, nonviolent offense and you lack a criminal history, then the prosecutor may decide to dismiss or reduce the charge against you. Other times, prosecutors have the time to prosecute your case — but lack crucial evidence to convict you. The evidence may have been lost, or the police may not have gathered sufficient evidence in the first place to support the charges. Your attorney can file a motion seeking to have the charges dismissed if there is not sufficient evidence to support the charges. Second, there may be situations where newly-discovered evidence demands that the charges be dropped. For example, if you were charged with a motor vehicle theft, but the police later find video footage of an entirely different person stealing the car, then the prosecutor should drop the charges. In some cases, your Lexington, Kentucky criminal defense lawyer may still have to advocate for the charges to be dismissed. Third, there are variety of legal reasons why the prosecutor may drop the charges against you — most of which will be brought forward by your attorney. If the police searched your home without a warrant, your lawyer may file a motion to suppress all evidence illegally obtained as a result. If the motion succeeds, then that evidence cannot be used against you — and the prosecutor may not have any evidence remaining to support the criminal charges. Your lawyer may also determine that the police illegally stopped you, leading to the suppression of any statements you made or evidence seized, or that the police lacked probable cause to arrest you. An improper criminal complaint or charging document can also lead to a dismissal of the criminal charges. Having a skilled Lexington, Kentucky criminal defense lawyer can make a significant difference in how your case is resolved. The Baldani Law Group recently had an assault charge dismissed when it became clear that our client’s actions did not meet the definition of the crime of assault in Kentucky. In a separate case, we had drug possession, drug trafficking and firearm charges dismissed when we were able to demonstrate that our client was simply in the wrong place at the wrong time.

What to do if you are charged with a crime in Kentucky?

After being charged with a Kentucky crime — or if you know that you may be charged — you should consult with a Lexington criminal defense lawyer as soon as possible. Depending on the facts of your case, your attorney may be able to have the charges reduced or even dismissed entirely. There are a range of reasons why a prosecutor might agree ...

How does the Kentucky criminal justice system work?

In a typical criminal case, the police investigate a crime, often after receiving information from a member of the public or the victim of the crime. The police will then pass this information onto the prosecutor. It is the prosecutor — not the victim — who then files the criminal charges.

What happens if negotiations fail?

If negotiations fail, a skilled lawyer should be willing and able to take the case to court to seek a dismissal through the legal process. The Baldani Law Group strives to obtain the best possible outcome for each of our clients. In many cases, that means a dismissal or reduction of criminal charges.

What happens if police search your home without a warrant?

If the police searched your home without a warrant, your lawyer may file a motion to suppress all evidence illegally obtained as a result. If the motion succeeds, then that evidence cannot be used against you — and the prosecutor may not have any evidence remaining to support the criminal charges. Your lawyer may also determine ...

Can a prosecutor dismiss a case if there is no evidence?

Other times, prosecutors have the time to prosecute your case — but lack crucial evidence to convict you. The evidence may have been lost, or the police may not have gathered sufficient evidence in the first place to support the charges. Your attorney can file a motion seeking to have the charges dismissed if there is not sufficient evidence ...

Can a criminal complaint be dismissed in Kentucky?

An improper criminal complaint or charging document can also lead to a dismissal of the criminal charges. Having a skilled Lexington, Kentucky criminal defense lawyer can make a significant difference in how your case is resolved.

Who decides whether to drop charges?

Similarly, it is the district attorney who decides whether to drop charges that have already been filed. The victim of the crime cannot make that decision. However, the district attorney may decide to drop the charges at the request of the victim in some cases like mistaken identity.

What happens if a person calls in the police?

If a person calls in the police and gives a statement about an assault by her partner, the police are obligated to collect evidence and can pass the file to the district attorney's office. But it is neither the victim nor the police who decide whether criminal charges will be filed – that is up to the district attorney. The attorney in charge of reviewing the file may decide that there is not enough evidence to convict and opt not to file charges.

What happens when a victim refuses to testify?

Refusing to Testify. Sometimes victims of crimes decide that they do not wish to proceed with the charges. This happens most often with victims of crimes like domestic violence or sexual assault, the most emotionally fraught charges in all of criminal law.

Can an individual file a criminal case in court?

Criminal cases are a very different matter. An individual cannot file a criminal case in court; that's why all criminal cases are brought by "the People," as in The People of California vs. John Doe. The office of the district attorney or the prosecutor files criminal charges on behalf of the public.

Can a judge force a person to testify?

In most states, a judge can force a person to testify and hold her in contempt if she does not. However, in some states, like California, a person who claims to be a victim of domestic violence or sexual assault can refuse to testify against the accused.

Can you have a case dismissed against another person?

Keep in mind that if you take steps to have a case dismissed against another individual, you will not be able to return at a later date and seek to have that individual prosecuted again. Having charges filed against someone in the first place is serious business. Seeking to have them dismissed cannot be taken lightly either. Finally, from a legal standpoint, the decision to drop or pursue the case ultimately is not in your hands.

Can a person drop a civil case?

Since an individual can start a civil case by filing a petition or a complaint with the court, she can also drop a civil case. She might do this because she decides she can't win, she reaches an agreement with the other party or she just doesn't want to continue the case.

Who can request the Office of the District Attorney to drop charges against a defendant?

Only the victim of a crime may request the Office of the District Attorney to drop charges against (or decline the prosecution of) a defendant.

Who do you meet with to get a district attorney's license?

You will need to meet with a representative of the Office of the District Attorney.

Who decides whether to drop charges in a criminal case?

Ultimately, the prosecuting attorney decides whether to drop the charges in the case or not. With the help of an experienced criminal defense attorney, you give yourself the best chance of making that happen.

Who Really Has The Authority to Drop Criminal Charges (Or Not)?

In civil lawsuits, which can sometimes arise from these situations, your attorney files a lawsuit against the Defendant for you, the victim (Plaintiff). As a result, you have the power to instruct your attorney to pursue or not pursue the civil action after it is filed. You could choose to drop it.

How to ask for an affidavit of non-prosecution?

If you want to ask the prosecutor to do so, you fill out an “affidavit of non-prosecution,” or “ANP” for short. You sign this document under oath, citing the reasons you do not want the case to be prosecuted.

What does "the state picked it up" mean?

He goes to jail even though maybe that isn’t really what you wanted. But “the state picked it up,” meaning they filed a case against your wishes.

Why do you need a criminal defense attorney?

That’s why it makes sense to have a criminal defense attorney on your side. To protect your interest to the extent possible but preventing an injustice from occurring against an innocent person.

How long can you go to jail for a false police report?

For example, if you make statements inconsistent with what you originally told police, you could be seen as having made a false police report, which is a Class B misdemeanor that can put you in jail for up to 180 days and cost you up to $2,000 in fines.

Can you drop a case in Texas?

You could choose to drop it. However, in criminal cases, the State of Texas, the Federal government, or both, through their prosecutors bring their cases against the defendant. They are the ones that have the power to drop the case or move forward with prosecution. You do not.

Why do prosecutor drop charges?

These include the following: 1. If a victim refuses to participate in the case and wants to drop charges, a prosecuting attorney may be forced to drop the charges. 2. New, credible witnesses come forward and refute the current witnesses’ stories.

Who can drop charges against a victim?

The most important thing that needs to be defined when talking about “ dropping charges ,” is who exactly is able to top charges. Surprisingly, it is not the victim – it is the government and typically the office of the district attorney, attorney general, or other local authority where the crime occurred-that actually brings the charges. While a victim is able to file a complaint against the accused, they can also choose to no longer participate in the case, and thus request that the charges be dropped. Even if a victim requests that charges be dropped, it will be up to the prosecutor to decide if the government will drop the charges against the accused.

What happens if a victim changes her story?

When a victim changes his or her story in a meaningful way, he or she could face charges of filing a false police report. If this is the case, it would be advised that he or she contact a criminal defense attorney that can help ensure that no charges are brought.

Why do people not want to participate in a case against the defendant?

When a victim decides they no longer want to participate in the case against the defendant, it can be for any number of reasons, including the following: The victim may be afraid of the accused. The victim may love the accused and want to maintain a relationship with him or her.

Do all charges lead to trial?

Not all criminal charges lead to trial. Sometimes a defendant will enter a plea bargain for reduced sentences or the prosecutor will decide to drop charges. This can happen for any number of reasons.

Do police officers have to wait for admittance?

Also, a police officer does not have to “wait” for admittance by the occupant.

Can a victim file a complaint against the accused?

While a victim is able to file a complaint against the accused, they can also choose to no longer participate in the case, and thus request that the charges be dropped. Even if a victim requests that charges be dropped, it will be up to the prosecutor to decide if the government will drop the charges against the accused.

What happens when a prosecutor drops charges without trial?

When prosecutors drop all charges without a trial, they often condition that agreement on the defendant’s participation in a deferred adjudication program. The defendant typically pleads guilty or no contest to an offense, so no trial takes place.

Why are prosecutor reluctant to drop charges?

Prosecutors are particularly reluctant to drop charges if that decision is opposed by the arresting officer. Prosecutors are most likely to drop charges when the arresting officer doesn’t care.

What happens when a victim doesn't want to be prosecuted?

When the alleged victim doesn’t want the case to be prosecuted, the prosecutor might be worried that the victim has been threatened or pressured to ask for charges to be dropped. Prosecutors will rarely drop charges under those circumstances, and might instead charge the defendant with intimidating the victim.

How do you convince a prosecutor that the crime is unlikely to be repeated?

Prosecutors are most likely to reach that conclusion when the defendant has taken responsibility for the crime. Making restitution to the crime victim, attending counseling to address the crime’s underlying cause, or moving away from the crime victim may help convince a prosecutor that the crime is unlikely to be repeated and that dropping the charge will not endanger society.

What happens when an alleged victim makes a persuasive argument that a prosecution will harm the relationship more than help it?

On the other hand, if the alleged victim makes a persuasive argument that a prosecution will harm the relationship more than help it, the prosecutor might decide to drop the charges. When the alleged victim explains that the statement given to the police overstated the events that actually occurred, the prosecutor might also elect to drop ...

What does a prosecutor do?

Prosecutors have control over the criminal cases to which they are assigned. They often engage in plea bargaining that results in the dismissal of some charges in exchange for a conviction on other charges. Prosecutors also have the authority to drop all charges before trial, even in the absence of a plea bargain.

Can a criminal defense lawyer persuade a prosecutor to drop charges?

In some cases, however, a criminal defense lawyer can persuade a prosecutor to drop all charges before trial.